08/27/2025
Heads up - HIPPA does not protect against the kind of subpoenas being served to hospitals. If your kid receives gender affirming care, send them a letter requesting confidentiality (get a draft letter at insurance@transfamilysos.org)
Here's an explanation:
The DOJ uses administrative subpoenas authorized by 18 U.S.C. ยง 3486 for federal health care offense investigations.
Unlike a traditional grand jury subpoena, a HIPAA subpoena allows for sharing of information between the civil and criminal sides of the DOJ. Covered entities can challenge these subpoenas, but must comply if they support a genuine criminal investigation.
UPDATE About Children's Hospitals Being Subpoenaed
We want to share the most current, reliable information we have regarding the recent news about children's hospitals being subpoenaed for records regarding gender-affirming care.
The recent news is understandably alarming, however we have been advised by organizations and legal experts who are involved in protecting your healthcare rights that this is not currently being used to target families.
CURRENT INFORMATION SUGGESTS THIS IS PART OF A STRATEGIC ATTACK TO CONTROL HEALTHCARE SYSTEMS BY INTIMIDATING HEALTHCARE PROVIDERS AND INSTITUTIONS - AIMING TO CAUSE THEM TO STOP OFFERING GENDER AFFIRMING CARE TO MINORS EVEN THOUGH IT IS STILL LEGAL IN THE STATE WHERE THEY ARE LOCATED.
The most important thing to note is that at this time gender-affirming care is still legal in many places and advocates across the country are fighting for your healthcare rights.
If your child has received gender affirming care you may want to send a letter to their healthcare provider requesting confidentiality. Trans Family Support Services has drafted such a letter - you can email them at insurance@transfamilysos.org for a copy of the letter.
Remember - you are not alone in this moment - there are many organizations and experts, including us, with you every step of the way and we will continue to keep you updated on this matter.